H.R. 10540

21st Century FTC Act

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Text of the bill

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Sec. 2. Rulemaking respecting unfair or deceptive acts or practices

The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended—

(1) in section 18—

(A) in subsection (b)—

(i) by striking paragraphs (2) and (3);

(ii) in paragraph (1), by striking , and shall also and all that follows and inserting a period; and

(iii) by striking (1) When prescribing and inserting When prescribing;

(B) by striking subsection (c);

(C) in subsection (d)—

(i) in paragraph (1)—

(I) by striking (A) a statement and all that follows through (B) a statement and inserting a statement; and

(II) by striking ; and (C) a statement and all that follows and inserting a period; and

(ii) in paragraph (2)(A), by striking subsections (b) and (c) and inserting subsection (b); and

(D) in subsection (e)—

(i) in paragraph (1)(B), by striking the transcript required by subsection (c)(5),;

(ii) in paragraph (3), by striking , or if and all that follows and inserting the following: , or if the court finds that the Commission's action is not supported by substantial evidence in the rulemaking record (as defined in paragraph (1)(B) of this subsection) taken as a whole. The term evidence, as used in this paragraph, means any matter in the rulemaking record.;

(iii) in paragraph (5)(C), by striking the first and third sentences;

(iv) by striking paragraph (2); and

(v) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and

(2) in section 22—

(A) in subsection (a)(1), by striking or section 18; and

(B) in subsection (c)—

(i) in paragraph (1), by striking , except and all that follows and inserting a period; and

(ii) in paragraph (2), by striking Except as specified in paragraph (1), no and inserting No.